Is It Illegal To Sleep In My Car?
Have you ever pulled over to get some rest on a long drive and fallen asleep in your car? You may be surprised to hear it’s actually illegal to sleep in your car in many cities across the United States. These regulations were passed to prevent vagrancy.
Is It Illegal To Sleep in Your Car In California? Can I Get Arrested for Sleeping in My Car?
The answer may be yes, depending upon where you are.
In 1983, Los Angeles enacted a law as an answer to complaints from Venice residents. Too many people were sleeping or living in their cars, creating health and safety hazards in the streets. The legislation wasn’t fully enforced until 2010, and the ban prevented anyone from using their cars as “living quarters,” whether it was just overnight or for a longer period of time. Recently, however, the ruling was retracted.
Enforcement of Law
When officers began enforcing the law in 2010, they were somewhat unclear on what the language meant. Police officers began arresting people for storing belongings in their cars, even when they were parked on private property. As a result, several homeless people began fighting the law.
One woman, pulled over for failure to use a turn signal in her RV, was cited for living in her vehicle. Another man was arrested while waiting in his car for a homeless shelter to open – a homeless shelter where he volunteered in the soup kitchen. Many felt the law was discriminating against homeless people.
California Overturns Ban for Vague Language
In June of 2014, the law was finally struck down, an action which many consider to be a human rights victory. The regulation was noted in court as being vague and unconstitutional, and its unclear language led police officers to be too selective with enforcing it. The judge who overturned the ban, Judge Harry Pregerson, stated that rulings with language like this seem to “prevent the physical movement and economic ascension of the lower class.”
Furthermore, many of the people arrested under this law were performing commonplace activities, like eating food in a vehicle, storing a sleeping bag or personal belongings in the vehicle, and taking shelter from the rain in their car.
Finally, the rule that’s left many people feeling unjustly targeted has been overturned. But laws banning sleeping in cars are actually on the rise. Last year, 81 cities banned sleeping in vehicles – an increase of 119% in three years. California removed the ban as many other areas began enforcing it, making the state a progressive area for human rights. That doesn’t mean sleeping in your car is safe, though.
If You Have to Sleep in Your Car, Be Smart About It
There are health risks involved for people who sleep in the car while it’s running, especially if the AC or heat is on. There are also safety hazards, as sleeping in your car leaves you vulnerable to attacks from criminals. But for many homeless people, sleeping in a car is a welcome alternative to the dangerous streets of a big city.
On a side note, remember that it’s never a good idea to sleep in your car if you’ve been drinking. Even if you haven’t driven or aren’t planning to drive, you can still get a DUI for sleeping in your car while intoxicated. If there’s any reason for a police officer to believe you were driving while intoxicated, even if you’re in the passenger seat asleep, they can still initiate a DUI investigation, possibly landing you in jail.
Sources:
http://la.curbed.com/archives/2014/06/its_no_longer_illegal_to_live_in_your_car_in_los_angeles_1.php
http://calwatchdog.com/2014/06/27/now-legal-to-sleep-in-your-car-in-l-a/